Removed all contents and closes safety deposit box account out. Which included an original copy of a amended will and vehicle title. The following day, the suspended executor transferred vehicle title from the descendants name into his, providing the DMV with the same invalid court docs.
Since you didn't ask a question, I'm not sure what you need. The facts sound horrible and the executor can easily have a judgment entered against him. I don't understand why there is a codicil to a will still floating around when the court had already issued Letters Textamentary to...Read more »
You do have rights as the beneficiary of a trust. The trust is governed by the laws of its "situs" (that basically means the domicile of the trust). Assuming it is Georgia, one of the code sections addressing your ability to obtain information is...Read more »
A Georgia attorney could answer best, but your post remains open for four weeks. This sounds like a complex setting where an attorney might need to see how the pleadings were drafted to offer meaningful input. You could reach out to Georgia attorneys to discuss terms for a brief initial consult....Read more »
Yes, your aunt's daughter is considered an heir, but the matter of who inherits depends on whether she had a will. If she had a will that determines who inherits. If she did not have a will, then the laws of intestate succession apply. If your aunt was unmarried when she died then her...Read more »
At one time she was extremely well off but over the years her health declined and no one knew what she had in accounts or banks. How can we find out if she had any bank accounts or any safe deposit boxes? There is a lot of unanswered questions about where her money and assets went over the years.
I don't like not giving advice when someone writes in and ask for it, but your questions are too complex to give a general answer to. A lawyer experienced in probate law needs to examine all the wills and the dates of death of all concerned to give you a firm answer as to who is entitled to...Read more »
Is the new tractor part of the will even though it was bought after the Will was made? The older tractor was sold many years ago. The will just says tractor and has no identification number or make and model.
I have lived with her at her house since the 70's. I have paid the taxes every year and taken care of the property. She passed away in 2001. Since there is no will and the other siblings will not agree. Can I do an adverse take over or color of code. Is there anything I can do since I pay the... Read more »
Probably not. You are going to have to open her estate and then have a battle with your siblings about who gets the house, who gets reimbursed for paying bills related to the house, who owes rent for living in the house, etc. This will be very complex litigation and could be quite costly. Be...Read more »
2 elderly parents, 3 siblings in all. GA. Parents are leaving real estate, investment holdings into 3 trusts for each kid. Eldest sibling is executor. Problematic relationship with the family. I have some debt, but also quarterly income from film and TV music I've written/produced for the past... Read more »
Sort of, but not really. Once your father died, only the executor or administrator can demand an accounting from you. If you are the executor or administrator, he can demand an accounting of you and you would need to go back in time and account for your conduct as POA.
My folks said they were advised by an attorney not to put my name on the deed and that Georgia law requires a property to go into probate. Basically, if there is a way to avoid probate in the state of Georgia what is the best way to go about it?
In most cases the best way is a revocable living trust, but every situation is unique and sometimes an irrevocable trust makes the most sense or some other technique altogether. Many factors need to be taken into consideration. Your best bet is to consult with an experienced estate planning or...Read more »
Yes, revocable trusts are allowed in Georgia, but they are rarely worth the money spent establishing them,. Occasionally, a client has a unique set of circumstances that makes a revocable trust proper. Make sure you see a very experienced estate planning attorney to assist you.
I have an elderly friend who has full custody of her great grandson. She is wanting to have paperwork stating who the child should be appointed to in case of her death. She wants to appoint a non family member. Is that possible?
How can you not have a say in where the child should go.... Read more »
Yes. I am not clear on "medical consultant" but a power of attorney can include provisions to allow the agent to access medical records. It is also recommended that an advance directive for healthcare be completed as this will appoint an agent for healthcare decisions.
My mom's parents owned a home together in GA (w/o rights of survivorship). They had 3 kids (#1, 2, & 3). Kid #1 died in 2001 & has 3 children. My grandma then died in GA in Sept 2003, presumably leaving her half of the home to my grandpa & her children/grandkids.
First, get a lawyer to help you through this. By the time to finish with all the issues that will arise, you will find that a lawyer will save you time, and at the end of the day, money. You can only open a probate in the county where the deceased person lived. There are some rare exceptions to...Read more »
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